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I was hit by an uninsured driver, driving her deceased fathers truck. She is the personal representative for his estate. She was ticketed for driving to fast, expired license plates and no insurance. Can I file a claim against his estate. How can I get reimbursed for damages? I had liability insurance. She has made no effort to contact me. The accident happened 2/4/11. I called her several times and finally her husband called me and said my car wasn't worth what the repair bill cost. She has not called me back.

Asked on 4/01/11, 8:51 am

2 Answers from Attorneys

this is more complicated than you might think; consulting a lawyer immediately is important here; you have certain rights by statute in MO and by your own insurance coverage that you have paid for, so you should go ahead and use it if you need it; this is an area that I concentrate in, and would be happy to provide a free no obligation phone consultation if you wish, David Ransin, 417-881-8282

You have rights against her- she was the driver. She is the party you will proceed against for your damages.

If the damages exceed the value of the vehicle, an insurance company will want to treat your vehicle as a "total" loss, and pay the fair market value of the vehicle, rather than fixing it. If she doesn't have insurance, there are steps you can take to pressure her to do what is right, including affecting her drivers' license. You should call a qualified attorney.